FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

Complainants’ case, in short; is that on 19.03.2016 at 12.00 noon they had been to the Office of OP Country Vacation,a division of Country India Ltd.situated at City Centre, Salt Lake, to receive free gift.The official of the OPs offered lucrative tour programme, and hotels during the tour including car assistance for journey and sight scene. OPs had entered into an agreement with the complainants by making initial payment of Rs.  30,000/-. The OPs given promises to avail facility for ten years, stay for a period of every year up to 6 nights and 7 days eligibility of booking of every year, during stay car to be provided with driver cum guard at a minimum cost comprising with market priceRs. 200/- per head food per day, provide four star or similar hotels and the complainants are eligible to book their vacation at their own choice and so many other facilities also. Under compelling circumstances,complainants took membership. The terms and conditions of the agreement were not read over and explain to them.

Further case of the complainants is that on 12.08.2016 the OP-1 further demanded Rs. 1,76,000/- only for complete membership for their Kerala trip including accommodation. The complainants were compelled to cancel their train tickets and requested the OPs to refund the membership fees by a letter dated 09.02.2018.Such letter was unattended. The matter was placed before the AssistantDirector, CAFBP, Salt Lake and the authority concern arrange a tri-partite meeting on 20.05.2019 at 3.00 P.M. but mediation failed. There is deficiency in service and the attitude of OPs is tantamount to unfair trade practice. Hence, the complainants filed the instant complaint case praying relief fully mentioned in the complaint petition.

Despite of appearance, the OPs did not file any written version for which the case has been proceeded ex parte against them.

Decision with Reasons

We have travelled over the photocopies of documents on recordnamely Country Vacation Holiday’s Club Membership purchased agreement dated 29.03.2016, Holiday voucher dated 29.03.2016, payment receipt dated 22.03.2016,Railway Reservation Tickets,letter of cancellation of membership dated 09.02.2018 and  copy of proceeding order dated 20.05.2019 of the Deputy Assistant Director Department of Consumer Affairs and FBP, Government of West Bengal.

Fact remains that the complainants had entered into a purchase agreement with OPs on 19.03.2016 and the OPs provided facilities fully described in the club membership agreement dated 19.03.2016.It is also true that the complainants make payment Rs 30,000/- to the OPs against money receipt. Complainants intended to visit Kerala and requestedthe OP-1 to provide necessaryarrangement but the OP-1 demanded complete membership money of Rs. 1,76,000/- along with fooding charge for which the complainants cancelled their Kerala trip. The complainants vide letter dated 09.02.2018 requested the OPs to refund the money immediately after cancellation the purchase agreement but such letter was unattended. The complainants agitated their grievance to the Assistant Director, CAFBP Salt Lake for settlement of dispute. A tri-partited meeting was held but no fruitful result is forthcoming. Complainants purchased club membership for vacation facility against free of cost for one year but the promise of vacation facility are not given to the complainants. On the contrary, the OPs further claimed Rs. 1,76,000/- as complete membership fees. We think that the OPs have practiced unfair trade in this regard by providing misrepresentation. So, it appears to us that the OPs have deliberately did not fulfill their commitment as per purchase agreement. In our opinion, it is gross deficiency in service on the part of OPs. In spite of letter dated 09.02.2018, the OPs did not cancel the club membership and/or refund Rs. 30,000/- to the complainants till the date of institution of the complaint petition.  The complainants were compelled to cancel Railway Reservation Tickets for Kerala trip.

Having regard to the facts and circumstance of the particular case, we are of the view that there is deficiency in service on the part of the OPs as well as question of unfair trade practice by not providing hotels to the complainants as per purchase agreement and for that reason the complainants are obviously entitled to get refundthe amount paid for the membership. According to settle principle of interest, the complainants are not entitled to get any compensation but they are entitled to get interest.

Inthe result, the case succeeds in part.

Hence,

Ordered

That the complaint case be and the same is allowed ex parte in part against the OPs withlitigation cost of Rs. 2,000/- (Rupees Two thousand) only.

OPs are jointly and severally directed to refund 30,000/- (Rupees Thirty thousand) only along with simple interest  at the rate of 5  percent per annum from the date of filing of the complaint petition (i.e. 08.08.2019) till realization along with litigation cost to the complainants within 45 days from the date of this order in default, the complainants may put the order in executionaccording to law.

OPs are further directed to deposit Rs.5,000/- (Rupees Five thousand) only in favour of  President, DCDRF, Kolkata Unit-II, as penal damage.